مباني فقهي و اصولي مجمع تشخيص مصلحت نظام

• Fiqhi and Usuli Foundations of the Expediency Council □

According to the Constitution of the Islamic Republic of Iran, the main duties of the Expediency Council are: 1- Resolving the complicated problems of Islamic government (as in the Constitution of the Islamic Republic of Iran -Chapter viii, Article: 110,). 2- Solving the problems and making a decision when the laws passed by the parliament do not correspond to the views of the Guardians Council (as in the aforementioned Constitution-Article: 112). Islam considers the adherence of fiqhi and usuli foundations to the divine precepts of interests and mischiefs as something approved by intellect and Shariʹah. Accordingly, the divine precepts have been decreed on the basis of real interests and mischiefs. Due to the importance and great effect of this issue, we need to refer to the principle of adherence of precepts to interests and mischiefs according to the various perspectives of Shiʹah and Sunni scholars such as Ashʹari and Muʹtazili and authorities like Sheikh Ansari, Akhund Khorasani and Martyre Sadr. This can help form a clear idea about the status and key role of this principle in the inference of rulings by the authorities on Divine law and about its great effect and efficiency in performing the duties entrusted to the Expediency Council